gistfile1.txt

In Bavaria, the municipalities have the ability to track certain offenses and sanction alongside the National Police.
Description
In Bavaria in addition to the state police, the municipalities have the option of offenses pursuant to § 24 of the Road Traffic Act, which are found in stationary traffic (for example, the so-called. Park infringements) or the provisions relating to the maximum permitted speed of vehicles concern, prosecute and punish (§ 2 Section 3 of the Regulation on jurisdiction in misdemeanor cases -. ZuVOWiG).
Since August 1, 2006, the Bavarian cities and municipalities must also pursue and punish all violations that are related to the following traffic signs:
    joint pedestrian and bicycle (240 characters)
    Beginning pedestrian (242.1 characters)
    End pedestrian (242.2 characters)
    Start low traffic area (325.1 characters)
    End traffic-free area (325.2 characters)
With effect from 20 November 2009, there is the Bavarian towns now allows, in addition to pursue and punish traffic offenses committed by cyclists on sidewalks. This responsibility rounding communities can thus take their own measures in pedestrian and bicycle traffic.
The new powers are in close factual connection with the previous powers and road safety at critical points. One limitation of police powers is not connected; Rather, the police and municipal powers coexist.
As before, it is up to the communities, if they make use of the new powers. Practice the powers, they are like the police attached to the traffic monitoring guidelines and may use only appropriately trained personnel in the exercise of powers.
The tracking and Ahndungszuständigkeit for Bavarian cities and municipalities will be expanded as follows. All traffic regulations by cyclists on sidewalks, as well as violations of these signs:
    220 characters (one-way) in conjunction with 267 characters (prohibition of entrance) to the extent that traffic offense committed by cyclists
    237 characters (bike path)
    239 characters (walkway)
    241 characters (Separate cycling and walkway)
    Signs 244.1 (beginning of a road bike)
    Signs 244.2 (End of a bike road)
Privatization of municipal speed surveillance
A privatization of the speed monitoring is under the current constitutional situation in the Federal Republic is not permitted, since the traffic control is a governmental task: It is part of the security and therefore a territorial police and legal task.
Art. 33 para. 4 of the Basic Law provides that the exercise of public authority, as a rule civil servants is to be transferred.
A participation of private at the prosecution and punishment of speeding is permitted only within the municipal traffic monitoring. The legal basis is to § 2 para. 3 of the Regulation on jurisdiction in misdemeanor cases (ZuVOWiG), in addition to the National Police, all Bayer. Towns and cities authorized accordingly.
However, their use is possible only to a limited extent: concretized these restrictions by decision of the Bavarian Supreme Court dated 05.03.1997 (No. 1 ObOWi 785/96.). Essentially following specifications apply to this judgment used in the Private local speed enforcement:
    Without legal authorization municipalities are not entitled to appoint a private company to carry out the measurement speed, even if the municipality location, time and duration of these activities determines and carries out the evaluation of the measurement results themselves.
    The implementation of the technical measurement process by private as mere "management tool" is out, since the measurement is already the basis for the sovereign sanction and therefore also assigned to the sovereign area. Resorting to Private with independent implementation would thus be only in the form of mortgage lending is possible, but for which the legal basis required is missing.
On the other hand there is in the context of close, the Bavarian Supreme Court in that decision closer to ascertained limits the possibility of gainful participation of private companies in the municipal traffic monitoring.
This is currently practiced in many communities too. For example, velocity measurements (and the development and exploitation of films) can be so far carried out by private operators, if this is done under constant supervision of a qualified staff member of the municipality.
In addition, it is also permissible under certain conditions that communities can make to implement these activities by a contractor personnel in accordance with the Temporary Employment Act (AÜG) available. Which in this variant can not be spoken of a privatization of traffic monitoring, since the essential feature of temporary employment is that the employee carries out his work, under the direction of the community and for the duration of its activities acts as a kind of municipal staff.
This requires, inter alia, that the relevant workers both organisationally and spatially integrated into the respective local government and associated with the organizational unit responsible for the procedure of the municipality and its head is subordinated. In this variant may be of a stand-alone action a private company does not talk.
Ultimately, then, is the involvement of private in the municipal traffic control under current legislation, only a very limited extent. In particular, a delegation of tasks to private traffic monitoring for independent execution in general is not an option, and one of us is not even desirable.
Legal Bases
    Legal Bases, Bavaria-wide: § 2 Regulation on jurisdiction in misdemeanor cases (ZuVOWiG)
    Legal Bases, Bavaria-wide: § 24 Road Traffic Act (StVG)
    Traffic offense
Status: 04/27/2015
-- взято тут: https://www.verwaltungsservice.bayern.de/dokumente/leistung/28109631319